This section governs nonconforming uses, nonconforming structures and nonconforming lots. These features are called nonconforming because they came into existence legally, at one time, but do not comply with one or more requirements of this zoning ordinance as it now exists.

It is the general policy of the city to allow uses, structures, and lots that came into existence in accordance with then-applicable rules to continue to exist and be put to productive use, but to also bring as many aspects of these situations into compliance with existing regulations as is reasonably possible.

The regulations of this section are intended to:

1.

Recognize the interests of property owners in continuing to use their property.

2.

Promote reuse and rehabilitation of existing buildings.

3.

Place reasonable limits on the expansion and alteration of nonconformities that have the potential to adversely affect surrounding properties or the community as a whole.

1.

Conditions for continuation. Any nonconforming use, structure or lot which lawfully existed as of the effective date of this ordinance and which remains nonconforming, and any use, structure or lot which has become nonconforming as a result of the adoption of this ordinance or any subsequent reclassification of zoning districts or other amendment to this ordinance, may be continued or maintained only in accordance with the terms of this ordinance.

2.

Variances and special use permits. The limitations of this section shall not apply to structures or lots whose nonconforming features have been granted by way of a variance, special use permit, or other modification or condition lawfully approved by the zoning administrator, the planning commission, the board of zoning appeals, or the city council.

3.

Change in title or possession. If any change in title or possession of a lot or building, or renewal of a lease of a nonconforming building or use occurs, the existing nonconforming use or building may continue so long as all other applicable provisions of this section are met.

4.

Burden of proof. The burden of establishing that any nonconformity is a legal nonconformity shall in all cases be upon the owner of such nonconformity. The burden of proof for establishing the existence of a lawfully nonconforming lot, use or structure shall not be upon the city or the zoning administrator.

1.

Normal repairs and routine maintenance of nonconforming uses or structures shall be permitted unless such repairs increase the extent of nonconformity or are otherwise expressly prohibited by this zoning ordinance.

2.

Nothing in this section shall be construed to prevent structures from being structurally strengthened or restored to a safe condition, in accordance with an official order of a public official.

1.

Usage of nonconforming lots. If a lot was approved on a subdivision plat and duly recorded prior to the effective date of this ordinance and if such lot met the requirements of the subdivision ordinance in effect at the time of recordation, then such lot may be used for any use permitted under the current zoning district designation even though the lot does not meet the lot area or lot width and depth requirements of the district, and provided that all other regulations (including setbacks, yard requirements, density, screening, etc.) of this ordinance can be satisfied.

2.

Prohibition on establishment of nonconforming lot. A lot may only be established after the effective date of this ordinance if such lot conforms with all requirements of this ordinance.

3.

Boundary line adjustments. Notwithstanding the provisions hereinabove, boundary line adjustments may be permitted between nonconforming lots or between nonconforming lot(s) and a conforming lot(s), provided the zoning administrator finds that the degree of nonconformity is not increased due to such adjustment.

4.

Right-of-way dedication, eminent domain and condemnation. Any lot which, by reason of realignment of a city, state or federal highway, street or other public improvement which is implemented by reason of public land acquisition or condemnation proceedings related thereto, has been reduced in size to an area less than that required by law, shall be considered a nonconforming lot of record subject to the provisions set forth herein; and any lawful use or structure existing at the time of such public acquisition or condemnation proceedings which would thereafter no longer be permitted under the terms of this ordinance shall be considered a nonconforming use or structure except as where the average front setback establishes a new setback line.

5.

Nonconforming lots with frontage in single ownership. If two (2) or more lots with continuous frontage in single ownership which do not meet the requirements for lot width, area, or setbacks as established by this ordinance, the parcels involved shall be legally consolidated before any zoning amendment, site plan, residential lot development plan, or other zoning action may be approved. No portion of such parcel shall be used which does not meet lot width and area requirements established by this ordinance. Neither shall any division of such parcels be made which leaves remaining any lot with a width or area below the requirements stated in this ordinance.

6.

Single lot of record. Except as provided in subsection 5. above, when a lot has an area or width which does not conform to the dimensional requirements of the district in which it is located, but such lot was of record at the time of adoption of this ordinance or any subsequent amendment to this ordinance which renders such lot nonconforming, then such lot may be used for any use permitted in the district where located, provided the yard dimensions and other requirements of sections IX through XXI not involving area or width, are complied with and provided further that in the case of dwellings, only single-family or duplex dwelling shall be permitted.

Where, at the effective date of this ordinance, or amendment thereto, permitted use of land, exclusive of a structure or structures, exists that is made no longer permissible by this ordinance, or amendment, such use may be continued, otherwise lawful, subject to the following provisions:

1.

No such nonconforming use shall be enlarged or increased, or extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this ordinance.

2.

No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this ordinance.

3.

If any such nonconforming use of land ceases for any reason for a period of more than two (2) years, any subsequent use of such land shall conform to the regulations specified by this ordinance for the district in which such land is located.

4.

Any use of land made nonconforming by an amendment to this ordinance requiring screening as defined herein may continue for a period of time not to exceed two (2) years, after which the use shall conform to any screening requirements.

When a permitted structure exists prior to the effective date of this ordinance, or amendment thereto, which structure could not be built under the terms of this ordinance, or amendment, by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure may be continued, if otherwise lawful, subject to the following provisions of this ordinance:

1.

The structure may not be enlarged or altered in a way that increases its nonconformity.

2.

Any building devoted in whole or part to a nonconforming use which is destroyed by any cause to an extent of more than fifty (50) percent of its fair market value or more than fifty (50) percent of its bulk shall not be repaired or rebuilt unless the use therein is changed to a conforming use. If a building is damaged by less than fifty (50) percent of the fair market value or bulk, it may be repaired or reconstructed and used as before the time of damage, provided that such repairs or reconstruction be completed within twelve (12) months from the date of such damage. It shall be the duty of the property owner to provide an independent appraisal conducted by a real estate appraiser licensed by the State of Virginia to establish fair market value.

3.

Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

4.

The city council may make a special exception for the repair or reconstruction of nonconforming structures for damage or disrepair caused by "acts of God." If in the view of council such damage or disrepair has occurred by an "act of God," then the nonconforming structure may be allowed to be repaired or rebuilt within the previously existing footprint and without exceeding the previously existing square footage under roof.

If a permitted use of a structure, or of structure and premises in combination, exists prior to the effective date of this ordinance, or amendment thereto, that would not be allowed in the district under the terms of this ordinance, or amendment, the existing use may be continued, if otherwise lawful, subject to the following provisions of this ordinance:

1.

An existing structure devoted to a use not permitted by this ordinance shall not be enlarged, extended, reconstructed, moved, or structurally altered except to change the use of the structure to a permitted use.

2.

Any nonconforming use may be extended throughout any parts of a building, which were manifestly arranged or designed for such use at the effective date or amendment of this ordinance, but such use shall not be extended to occupy any land outside such building.

3.

Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed.

4.

When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for two (2) continuous years, the structure, or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located.

5.

Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land, and the use of the land or any structure thereafter erected thereon shall then be in conformance with the provisions of this ordinance.

1.

Where any use of land, structure or use of structure existing prior to the effective date of this ordinance, or subsequent amendment, is nonconforming as to the requirements for off-street parking as elsewhere provided in this ordinance, or where any lot existing prior to the effective date of this ordinance or amendment thereto is nonconforming as to the requirements for off-street loading as provided in section XXIII, the following shall apply.

2.

Such nonconformance shall be permitted to continue and shall not be basis for terminating said use of land, structure or use of structure, or said lot as nonconforming within the intent of this section.

3.

Where off-street parking or off-street loading spaces exist prior to the effective date of this ordinance, or amendment thereto, and such parking or spaces are equal to or less than the requirements of this ordinance they shall not be further reduced in number or size.

1.

In any zoning district, where any sign does not comply with the provision of this ordinance, such sign and any supporting structures may be maintained in their existing condition, provided that such signs and structures shall not be replaced, reconstructed, moved, or structurally altered except in compliance with the provisions of this ordinance.

2.

Any nonconforming sign which is replaced, reconstructed, moved, or structurally altered shall cause the sign to lose its status as a lawful nonconforming sign.

3.

No sign which has been damaged by any cause to the extent of more than fifty (50) percent of the fair market value of the sign, as valued immediately before damage, shall be restored, repaired or replaced and used in conformity with this ordinance unless such restoration, repair or replacement and use is approved as a special exception by the board of zoning appeals. If a sign is damaged by less than fifty (50) percent of the fair market value, it may be repaired or reconstructed and used as before the time of damage, provided that such repairs or reconstruction be completed within sixty (60) calendar days of the date of such damage.

4.

Supporting structures for nonconforming signs may continue in use for a conforming sign if said supporting structures comply in all respects to the applicable requirements of this ordinance and other ordinances of the city.

5.

No permits for additional signs shall be issued for any premises on which there are any nonconforming signs or nonconforming supporting structures.

A change or addition to any non-conforming use, structure, or site that is subject to a site plan shall require that the entire use, structure, or site (including both the non-conforming and conforming improvements) be brought into full conformance with all of the requirements of this ordinance, provided that the planning commission, upon recommendation by the zoning administrator, may waive a portion or all of the individual requirements for conformance.